Santander Account Cover

Stevewife

After reading ‘Money Saving Eexpert’ articles about mis-selling PPI’s
I checked all my card statements and found Debenhams now Santander taking £71.68 monthly as Account Cover.
Ignorantly I had assumed they were in their rights to do so as long as I owed them monies.
I have just received a response from Santander regarding my claim for stopping and requesting a refund of Account Cover.
1. Stating that I had agreed to the cover over the phone back in 2000 an since then it had been clearly shown on my statements as a deduction with a further upgrade in 2003.
2. On both occasions they claim they sent me cover details which I could have cancelled.
3. They do not mention they will cease taking the payments
4. They state there is no evidence of mis-selling.

As I haven’t signed documentation to take out the agreement in the first instance:
1. Do I have a right to stop the cover payments now?
2. Can I get all the payments refunded?

di3004

Stevewife wrote: »

After reading ‘Money Saving Eexpert’ articles about mis-selling PPI’s
I checked all my card statements and found Debenhams now Santander taking £71.68 monthly as Account Cover.
Ignorantly I had assumed they were in their rights to do so as long as I owed them monies.
I have just received a response from Santander regarding my claim for stopping and requesting a refund of Account Cover.
1. Stating that I had agreed to the cover over the phone back in 2000 an since then it had been clearly shown on my statements as a deduction with a further upgrade in 2003.
2. On both occasions they claim they sent me cover details which I could have cancelled.
3. They do not mention they will cease taking the payments
4. They state there is no evidence of mis-selling.

As I haven’t signed documentation to take out the agreement in the first instance:
1. Do I have a right to stop the cover payments now?
2. Can I get all the payments refunded?

Hello and welcome.

If this was not the final response, then you can write back to them and ask them to reconsider, tell them despite their decision you still strongly believe you were mis sold the PPI, with the reasons you given and if you have any further information to add.
Tell them you assumed the PPI was all part of the finance because you were not informed any different, and you have been deprived of your money/out of pocket.

You should have the rights to stop paying the PPI but not the full payments, or they could default the account, you can cancel the PPI, if you've not done this and do not want to pay any further in the PPI, also write that in the letter.

And request with your reasons that they refund all you have paid in PPI and interest.

Have you also checked this link out here, I believe there is a step 2 template letter as well to help you through this.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Of course as soon as you receive the final response, they should tell you if its final or not, and if this still does not go in your favour, you could ask the Financial ombudsman service (FOS) if they are able to investigate this for you.
If they can not they will tell you so, because the FOS are normally only able to investigate complaints if the businesses you are complaining about were regulated by GISC where the FSA taken over in Jan 2005.

So exhaust this avenue out first, and if this fails, try to find out who the actual insurer/underwriter was for these, and you write to these as you did with these finance businesses.
The FOS are able to investigate against the insurer/underwriter as these should have been protected by either of the regulators, and the FOS are also trying to make these responsible as well.

So one step at a time first, see what happens with the final decision, get back to us to let us know and we shall take it from there.


Hope this helps and good luck.;)

Stevewife

Before I respond to their letter, I just want to get a couple of things clear in my mind:
1. Did they have a right to commence the Cover Plan on the mis-representation of my intention by a cold calling telephone sales person back in the year 2000.
I would not have agreed to any insurance plan over the telephone.
They state they sent out a 30 day cooling off letter
2. I do not remember receiving this letter and in any case I would have not considered answering to it if I hadn't signed a insurance contract in the first instance.
Is it worth me pursuing this any further?

di3004

Stevewife wrote: »

Before I respond to their letter, I just want to get a couple of things clear in my mind:
Have you requested for a Subject Access Request (SAR), where they have 40 days to comply/send everything they hold on you, even from when this was sold to you.

More details of SAR with template letter here below, but there is a payment required of £10 postal order or cheque payment you must enclose for this request:

http://forums.moneysavingexpert.com/showthread.html?t=1475553
1. Did they have a right to commence the Cover Plan on the mis-representation of my intention by a cold calling telephone sales person back in the year 2000.
They should have gone over this cover with you, basically to make sure you do not already have a cover in place, and to make sure you would be eligible for it.
So they should not have added this without your knowledge, such as if you did not agree or sign to have this policy.

I would not have agreed to any insurance plan over the telephone.
They state they sent out a 30 day cooling off letter
2. I do not remember receiving this letter and in any case I would have not considered answering to it if I hadn't signed a insurance contract in the first instance.
Is it worth me pursuing this any further?

This is what I think maybe a SAR would help, any transcripts of telephone calls should be included, they should send you copies of these and info of what was said etc.
If you do not have the agreement for this, they may also send this with the SAR, if not to request for this alone they have 12 days with a cover payment of £1 postal order or cheque payment.

Yes go for it.

Post your letters by recorded delivery as well, for your proof of posting.;)

Stevewife

Should I expect an SAR to detail the original telephone sales transcript in March 2000 as it initiated this situation, or is that asking too much.

di3004

Stevewife wrote: »

Should I expect an SAR to detail the original telephone sales transcript in March 2000 as it initiated this situation, or is that asking too much.

To be honest I am not certain if they will actually supply recordings or transcripts going back further than the actual 5 or 6 years, saying that many on here including myself on one SAR had info going back even earlier with written transcripts of telephone sales, hopefully it will be the same for you as well.;)